Articles
Mental Evaluations On the Rise for Defendants in Maine
Experts in Maine are noticing a trend in the criminal justice system—more and more defendants are receiving mental evaluations for the insanity defense. Between 2002 and 2006, the number of mental evaluations conducted by the State Forensic Service increased by over 30 percent.
Dr. Ann Leblanc, director of the service, said the increase could be attributed to two factors. First, courts are seeing a general rise in number of criminal defendants. Second, judges and lawyers are more aware of mental illness.
“They are more likely to order exams when there are questions about whether or not this person should proceed through the judicial system,” Leblanc said.
Pros & Cons for Defense
For defense attorneys, mental evaluations have both a positive and negative side. On the one hand, they can offer a basis for a psychological defense, said Walt McKee, president of the Maine Association of Criminal Defense Lawyers. On the other, information disclosed during an evaluation could come back to hurt the defendant.
“Exams are always a double-edged sword,” McKee said.
He added that even though jurors are instructed to disregard any testimony by a psychologist that suggests the defendant committed the crime, the testimony nevertheless has an impact in the courtroom.
“I am not permitting my client to admit to any psych exam until I have made the determination myself that that is a place I want to go. My own psychologist should get in there first,” said McKee.
Requests for Mental Evaluations
Mental evaluations can be ordered by a judge, or a judge can grant a prosecutor or defense attorney’s request to have one conducted.
In Maine, the State Forensic Service, which is a branch of the Department of Health and Human Services, conducts exams ordered by the court. However, defense attorneys may hire an outside psychiatrist or psychologist to evaluate their clients.
(Source: Morning Sentinel online)
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